Tips on Criminal Law
Criminal laws are also called penal laws. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses. It is centered on the four theories of the criminal justice structure which are punishment, deterrence, incapacitation, and rehabilitation. All this imposition of sanctions concerning the crime is to achieve justice and peaceable social order. The objective of criminal law is to exercise social control. It aims at discouraging behavior that is unfavorable to the wellbeing of the society as well as behavior that test the government’s authority and legitimacy. The criminal laws and punishments are set up in a way that they act as restraints and help in the restraining behavior of the people.
Criminal proceedings take place in a series of stages after criminal charges are filed. Police the respond by taking action to any lodged that is complained by a citizen. The police may also feel suspicious, and in such case, they investigate, take down statements from various essential witnesses and based on the findings make a report. During investigation process, they could be forced to arrest some people. For evaluation, they submit a report after completion to the prosecutor’s office. It is the prosecutor who will be authorized whether or not criminal charges will be filed against any suspect mentioned in the police report. The process for filing criminal offenses may be different amongst jurisdictions.
The police are given greater discretionary powers by some jurisdiction in charging defendants with specific offenses. In regard to the prosecutor, other jurisdictions are there to provide them with higher powers. The person concerned or the defendant may be arrested for a civil infraction, for a misdemeanor, or even for a felony after being stopped by the police. Although criminal charges are usually chosen solely by the prosecutor’s office, the police might be arresting a person while also recommending a certain charge.
The procedure of criminal justice starts off with an alleged offense. The police examine after the accusation that the accuser makes. The police act as agents of the government in this case. A formal charging report is filed in a court in the right jurisdiction, or even a grand jury reports a complaint or an allegation. Interests of the state are represented by a prosecuting lawyer. The interests of the suspect are represented by the defense lawyer or by the suspect acting as his or her lawyer. The process culminates with a bench trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you are aware of your rights with the police, your rights in the courtroom and your rights upon conviction.